Tennessee Supreme Court Affirms Judgment Against Tri-State Crematory Operator

Friday, September 21, 2012

The Tennessee Supreme Court today upheld the jury verdict against T. Ray Brent Marsh, operator of the Tri-State Crematory in Noble, Ga., resulting from Marsh’s mishandling of a corpse.

 

In February of 2002, authorities discovered that Marsh had not been cremating bodies that were sent to Tri-State for cremation, but rather burying or dumping the bodies on Tri-State property. The investigation recovered bodies and body parts of approximately 230 persons in widely varying states of decay. Dr. Rondal D. Akers, Jr. and Lucinda Akers sued Marsh for mishandling their deceased son’s body, which had been sent to Tri-State for cremation, alleging intentional infliction of emotional distress and claims under the Tennessee Consumer Protection Act and bailment. The jury awarded Dr. Akers damages in the amount of $275,000 and Mrs. Akers damages in the amount of $475,000.

In a unanimous opinion authored by Justice Sharon G. Lee, the Tennessee Supreme Court ruled that the evidence supported the jury verdict for intentional infliction of emotional distress. The Court affirmed the dismissal of the Tennessee Consumer Protection Act and bailment claims. The Court found no error in the trial court’s jury instruction that the jury could draw a negative inference from Marsh’s invocation of his Fifth Amendment right against self-incrimination and refusal to answer questions during his pre-trial deposition in this civil case.

To read the Rondal Akers v. Prime Succession of Tennessee opinion authored by Justice Sharon G. Lee, visit http://www.tncourts.gov/sites/default/files/akersrondalopn.pdf


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ANDRES, SYLVESTER G  1704 S GREENWOOD AVE CHATTANOOGA, 37407  Age at Arrest: 24 years old Arresting Agency: Chattanooga AGGRAVATED ASSAULT DOMESTIC POSS.OF FIREARM WHILE IN COMMISSION OF FELONY --- BAILEY, AVEUS MARQUEL  5005 18TH AVE CHATTANOOGA, 37407  Age at Arrest: 24 years ... (click for more)

Alexander: The Best Wanted To Play For Pat Summitt Because She Was The Best

Senator Lamar Alexander on Wednesday paid tribute on the Senate floor to legendary Lady Vols coach Pat Summitt, who passed away  Tuesday . Senator Alexander’s floor remarks follow: Senator Corker and I have come to the floor to introduce a resolution honoring the life and achievements of Pat Summitt, the former University of Tennessee basketball ... (click for more)

A Disturbing Trend At Exit 11 - And Response (2)

So, am I the first to notice a trend?   How many wrecks does exit 11 need before anyone asks "whats up with that?"  I have lost count of the wrecks that continue to happen, even after last year's awful loss of life (which I believe 51 percent of the blame should fall on the THP officer on duty).  The problem with this section of interstate are sight lines ... (click for more)

Roy Exum: A Story You Won’t See

In a puzzling time when the big daily newspapers have veered strongly away from “all the news that is fit to print,” allow me to share a story that you very likely will not see on CNN, ABC News, or in the big media conglomerates that influence the way you think, the way you react and – as a result – easily warp our common senses. This story is very true. Late last Sunday afternoon, ... (click for more)

Hensley Succeeds Henry As Soddy-Daisy Athletic Director

Soddy-Daisy baseball coach Jared Hensley has added a new role to his duties. Hensley, who has coached the baseball Trojans for eight years with a 177-111 record and state tournament appearances in 2011 and 2015, is the school’s new athletic director. Hensley takes over for Steve Henry, now the school’s principal. “With coach Henry now the man in charge at our school,” ... (click for more)

Unbeaten Fairyland Clinches Red Division Swim Title

Members of the Calhoun swim team were set and ready to compete on the pool deck at the Fairyland Club Monday night, but they never got wet as the meet was postponed by lighting, thunder and the overall threat of stormy weather. They made the long trip back about 24 hours later and the second time around wasn’t nearly as productive as 21 less swimmers made the trip to the top ... (click for more)